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HomeMy WebLinkAboutLegislation 1RESOLUTION NO. DFT 7-11 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO CHAPTER 562.45 (2)(a), FLORIDA STATUTES, AS AMENDED, ESTABLISHING AND FINDING GROUNDS THAT A CHARTER SCHOOL LOCATED IN THE MIAMI CHILDREN'S MUSEUM ON WATSON ISLAND PROMOTES THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE OF THE COMMUNITY, THUS ALLOWING FOR ALCOHOLIC BEVERAGES TO BE SOLD WITHIN 500 FEET OF THE MIAMI CHILDREN'S MUSEUM CHARTER SCHOOL; CONTAINING A REPEALER PROVISION AN.D SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Miami Children's Museum (the "Museum") opened on Watson Island in September 2003, pursuant to a Sublease Agreement dated. (the "Sublease") between the Museum and the Miami Sports & Exhibition Authority (MSEA); and WHEREAS, the Museum is a non-profit educational institution, geared towards preschool and elementary aged children, and has ,a yearly attendanoe of 250,000 visitors per year, the majority of whom are local residents from the community; and WHEREAS, the Miami Children's Museum was awarded a charter by Miami Dade County Public Schools in 2001 to operate an innovative charter school within the existing Museum, in Watson Island (the "Charter School"), and its application received the highest rankings and approvals; and WHEREAS, the Museum represents to the City that the Charter School will enable children to achieve high academic/school readiness standards and positive development through utilization of an innovative curriculum that integrates the resources of Museum's exhibits and educational resources along with employment of creative, committed, high quality and properly credentialed educators; and WHEREAS, the Charter School is limited by its charter to serve a maximum of 250 students in grades of Kindergarten to Fifth (5th) Grade and limits the number of students to 25 per class; and WHEREAS, the Charter School will be a new educational facility that will provide additional classrooms to the City which is experiencing an unprecedented residential growth in the past three years; WHEREAS, the Florida Charter School Statute 1002.33 states that library, community service, museum, performing arts, theatre, cinema, church, community college, college, and university facilities may provide space to charter 'Revised resolution MCM S/21 schools within their facilities under their preexisting zoning and land use designations; and WHEREAS, the Museum is located in the same island as flagstone island Gardens, Parrot Jungle and Gardens, (sitkvzi Chalks = � - he l ` t i . ,Atk`,ILli and a proposed heliport (the "Other Tenants"), all of which occupy the island pursuant to agreements with the City or with MSEA, which specifically authorize, or contemplate, the sale of alcoholic beverages and other uses which are in not permitted within certain distance from an elementary school (the "Other Uses") ; and WHEREAS, Section 4-11 of the City Code requires that elementary schools and alcoholic beverage establishments be separated by a distance of at least 1000 feet; and WHEREAS, Section 562.45(2)(a), Florida Statutes, as amended, provides that schools cannot be located within 500 feet of a public or private elementary school unless the municipality approves the location as promoting the public health, safety and general welfare of the community and thus promulgating such legislation pursuant to Florida Statutes by amending section 4-11 of the City of Miami Code; and -WHEREAS the -Museum represents and warrants to the City that it does .. _. _. not, and will not, object to the Other Uses in the island and that the location of the Charter School in the island is of benefit to the public; and WHEREAS, the City wishes to allow the Charter School to operate from the Museum but must ensure that the Other Tenants will have the right to use the island for Other Uses, as permitted under their respective agreements and their quiet enjoyment under their leases will not be affected by the Charter School; and WHEREAS, the Museum wants to assure the City that the Other Uses will not be affected by the Charter School and have agreed to provide to the City and MSEA assurances to that effect, which include, but are not limited to: (i) Hold harmless and Indemnification agreements, (ii) the immediate termination of the use of the Museum as a Charter School in the event of a conflict with the Other Tenants, relating to the Other Uses, that is not resolved within a stipulated time, not conflict w'th the operations of or the heliport from the FAA or other authorities having jurisdiction over such Other Uses. Additionally, the City will require the necessary MUSP changes, evidence that the Charter School does Revised resolution MCM 8/21 2 traffic studies, and other governmental or regulatory authorizations, to ensure the school is properly situated (the "Conditions"); and WHEREAS, the establishment of the Charter School within the Museum property must first be authorized by the board of MSEA, as the tandiord of the Museum property; and; WHEREAS, based on the representations herein contained, and subject to the satisfaction of the Conditions, and approval of the use of the Museum property for a Charter School by the MSEA Board, the City Commission will amend Section 4-11 of the City of Miami Code to exempt Watson Island from t distance., requirements contained therein and will take necessary„.acttonf exempt Watson`Island from the requirements' of Florida Statute 562.45(2)(a) NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The location of a ' charter school in the, Miami Children's Museum will benefit -the--c©Mmunity and promote the public health' safet general welfare as reflected in legislative Ordinar c revis on/arnendrnera id_ section 4 .a '1 of the - City of, Miami ,Code = and .-pursuant to Florida Statute 562.45(2)(a) Section 3. The City is; --waiving the alcoholic beverage distance requirements on Watson Island pursuant to an amendrnent too Section 1 1 , the City of -Miami Code in order to allow for a charter school and the coexistence of existing ; and.enci future- businesses on Watson lsl nd, ,which may s ll a`ioohoflc beverages, thus satisfying°the Florida. Statute`562:45(2)(a) requirement Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ Date: Mover: Seconded: Vote: Action: Date: Action: Revised resolution MCM 8/21 I, Priscilla A. Thompson, City Cferk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that this constitutes a true and correct copy of Resolution No. , with attachment,passed by the City Commission on , 2006. Deputy Clerk (for P.A. Thompson, City Clerk) Date Certified {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. if the Mayor vetoes this Resolution, it shall become effective •immediately upon override of the veto by the City Commission. Revised resolution MCM 8/21